Hit & Run / Leaving the Scene of an Accident

When you’re involved in an auto accident, your adrenaline is pumping and you may not make the best decision. If you left the scene of an accident, that is very likely what happened to you. But now you’re facing criminal charges after a hit & run accident, a serious crime.

Most hit and run incidents in Massachusetts are fairly minor leaving the scene of property damage cases: typically a parked car, a fence, a signpost, utility pole or street lamp.  But sometimes they cases can be much more serious, if a person is injured as a result of the accident.

Leaving the scene of an accident can lead you straight to jail. Depending on the situation and the result of the accident, you could very well be facing some serious charges. Now more than ever, you need someone advocating on your behalf.

Your Duty to Stop Under Massachusetts Law

If you’re involved in an accident, you are required by law to stop immediately and exchange information with the other driver. If that person is injured you are to wait for emergency assistance on the scene and give your account to the police. Failing to do this could end in criminal charges.

When you left the scene you may have thought you could get away with it. Maybe, however, you weren’t aware of your legal duty to stop. I have even seen clients who didn’t know they were in an accident.

Whatever the case, you need a defense attorney ready to defend your actions and work towards the best results possible in court.

I Got a Citation for Leaving the Scene – What Now?

If you received a citation in the mail, you have 4 days to mail the notice in to request a clerk magistrate’s hearing. You should absolutely do this promptly and I can talk to you about representation at a clerk’s hearing.

This hearing is designed to determine if there is sufficient probable cause to move forward with a criminal charge. This hearing can be a good opportunity for us to get the case removed if the evidence that you were the driver is not strong. I have been able to get these cases dismissed prior to arraignment, which essentially means the charge never happened.

Massachusetts Leaving the Scene – Penalties

The penalty you face for leaving the scene of an accident depends on the nature of the accident.

Leaving the Scene of Property Damage: If the accident only resulted in damage of property you will face fines ranging from $20 to $200 and jail time of 2 weeks to 2 years.

Although the penalties call for a jail sentence, there is a good chance that you will not be sentenced to jail. In fact, 3 of my recent leaving the scene cases were disposed of by pre-trial probation.

Leaving the Scene of Personal Injury: If the accident resulted in the injury of another person, your fines are increased to $500 to $1,000 with the potential of spending 6 months to 2 years in jail. See my page on Leaving The Scene of an Accident with Personal Injury for more details.

Death: Although it is rare, if the accident resulted in someone’s death, you can face felony charges. This means you may serve up to 10 years in prison and pay $5,000 in fines. You can also be charged with motor vehicle homicide.

Ref: MGL §90.24

Leaving the Scene – Defenses and Legal Strategies

I have had good success at winning these cases with several recent leaving the scene cases that resulted in a disposition of pretrial probation. Pretrial probation means is a disposition where the defendant does not make any admission in court, the defendant agrees to be placed on probably for a certain time, after that probationary period, the case is dismissed.

These kinds of penalties can change your life. They are nothing to take lightly and certainly nothing to take on by yourself. Whether the police already located you and you’ve been charged or if you were involved in an accident and think there may be a warrant out for your arrest—I can help.

If this is your first criminal charge, there’s a good chance we can work out a favorable plea agreement with the prosecution. You may not have to serve any jail time at all. Contact me today for a free consultation on your case and some valuable legal advice.